1. Introduction

1.1. These Terms and Conditions for online bookings of the Bay Airport Parking (Terms) are the terms and conditions upon which we accept bookings online for parking at our car park. It is important that you read them and understand them before completing your booking.

1.2. By placing a booking, you acknowledge that you have read and understood, and agree to be bound by, these Terms, as well as our Privacy Policy.

1.3. We can change any part of these Terms at any time, by posting an updated version to our Website. This will not affect any Bookings made before the update is posted to our Website, but it is your responsibility to ensure that you are familiar with the latest version of these Terms and Conditions at the time you make a booking.

2. Definitions

When reading these Booking and Payment Terms the following words or phrases have the following meanings:

“Booking” means any online booking made through Our Website for the parking of a Vehicle at Our Car Park.

“Booking Confirmation” means the details of Your booking provided on the booking confirmation page that is made available at the time of booking on Our Website.

The Booking Confirmation is also made available as an attachment to the booking confirmation email.

“Booking Period” means the period covered by your booking, as specified in your booking confirmation.

“Parking Charge” means the fees payable in relation to Your Booking, as specified in Your Booking Confirmation and calculated by us based on Your chosen Booking Period. The parking charge will include parking fees and may also include booking fees and credit card fees determined by Bay Airport Parking, only if applicable and only when specified.

“Privacy Policy” means our privacy policy available on our website”Bay Airport Parking Authorised Reseller” means a person (or company) expressly authorised by Bay Airport Parking to sell Bookings.

“Vehicle” means any vehicle parked (or to be parked) in the car park and includes any mechanical device on wheels or tracks, its equipment and accessories.

“We, Us, Our” means Bay Airport Parking. “Website” means our website. “You, Your” means You, the person making a Booking, an agent making a booking for You (if applicable),and (if applicable) any other person who uses the Car Park for the parking of a Vehicle via that Booking.

3. Booking Service

  1. Bay Airport Parking reserves the right to refuse part or all of any Booking made by you. A booking placed by you constitutes an offer by you to us to make a booking on these Terms and is subject to our subsequent acceptance. Acceptance occurs when we issue to you a booking confirmation via email. We recommend you print out and retain your booking confirmation.
  2. While we will make our best efforts to provide this service to you continuously, We do not warrant that our online booking service will be available at all times or will be uninterrupted or error free, that errors will be corrected or that the Website or the server that makes it available are free of viruses, bugs or malicious code or other forms of interference which may damage Your system. Availability of this service and the car park is subject to Our technical, logistical, operational and security requirements.
  3. You agree that you will not attempt to transfer or resell any booking, either on its own or bundled with other products or services.
  4. We reserve the right to limit the number of bookings per person, as specified from time to time on our Website.
  5. The online parking system is only available for cars, motorcycles, light utilities and light vans
  6. The booking is not transferable and must only be used by you or someone authorised by you.
  7. Bookings are valid for one entry and one exit only and multiple entries are not permitted.

4. Cancelling or Amending a Booking

  1. No refund applies if the booking gets canceled within 24hours. However, if the booking gets canceled over 24hours period of time, therefore $15 admin fees is non refundable.
  2. You may cancel or amend Your Booking, for any reason, at any time, up to 24 hours before the start of the Booking Period.
  3. You may cancel Your Booking by emailing us and providing your full name, address, and Booking Reference number or by speaking to our customer service operator 08-6161-2585
  4. If you purchased your booking from any person third party other than Bay Airport Parking and you require a refund or cancellation, You must seek that refund or cancellation from that other person or third party.
  5. You will be charged in full for your booking if you have not cancelled it earlier than 24 hours before the start of the Booking Period.
  6. You are only entitled to a refund from Bay Airport Parking where you:
    1. Effectively cancel a Booking 24 hours or more prior to the start of the Booking Period; or
    2. We are unable to accommodate your Vehicle for any valid reason

5. Parking Charges

  1. The Parking Charge that you are quoted on our Website is in Australian dollars and includes GST. Pricing may vary depending on time of booking and availability. Prices listed on the Website are subject to confirmation at the time of acceptance.
  2. You can pay for your Booking by using any of the credit cards shown on Our Website. Cash, credit cards and PayPal are the only form of payment we can accept.
  3. When You provide Your credit card details and complete Your Booking, You are authorising us to charge Your credit card with the amount of the Parking Charge.
  4. If the credit card payment used for Your Booking fails, then Your Booking will not be processed and will not be valid for use. If this happens You will not receive a Booking Confirmation.
  5. Unless Your Booking is cancelled, you must pay us to use the Car Park during the Booking Period.
  6. No refund will be made if your stay is shorter than the Booking Period.
  7. If you arrive early or leave late such that your Vehicle is parked in the Car Park for any time outside the Booking Period, You will be charged for that time at the rate specified on the Parking Rates displayed on our website and applicable to the Car Park in which you have parked. This will be the case even if your total stay is no longer than the Booking Period.

6. Your obligations

  1. You must comply with all directional signage and other instructions when in the Car Park.
  2. Bay Airport Parking does not accept liability for damage to your Vehicle whether caused:
    1. Accidentally;
    2. By way of vandalism; or
    3. By a weather event, including damage caused by hail; or
    4. Theft of, or from, your Vehicle, while the Vehicle is in the Car Park as you are parking with us at your own cost and risk
  3. If you fail to collect your Vehicle more than 30 days after the date which you have specified for exit in the booking then, in the absence of a notification to us specifying the Vehicle registration number, the reason for the delay in collection plus details of the expected (revised) collection date, We will deem the Vehicle to have been abandoned. In such circumstances, after 30 days’ notice in writing via recorded delivery to the address provided at the time of Booking, We shall be entitled to remove and sell the Vehicle and deduct from the proceeds both our reasonable handling expenses and any unpaid sums for days in which the car has been in the Car Park calculated at the drive up tariff. We will remit the balance to the credit card of the person who has made the booking (unless We are notified to do otherwise in writing).
  4. While Bay Airport Parking uses reasonable endeavours to ensure that the Car Park is secure, Bay Airport Parking does not guarantee that it is a secure environment.

7. Your Responsibility to meet Airline Check in Time

  1. It is your responsibility to meet your airline’s check-in time and to allow enough time for unexpected delays, traffic congestion at or near Perth Airport, accident, road works, delays or inoperability of transport services between the car park and the terminal (if any).
  2. We have no liability to you if you miss your flight or have to rebook your flight.

8. Privacy

  1. Bay Airport Parking’s privacy policy contains information about how you may seek access to, or correction of, personal information that Bay Airport Parking holds about you, how you may complain about a breach of the Australian Privacy Principles by Bay Airport Parking and how we will deal with such a complaint. If you would like further information, please contact us by telephone: 08-6161-2585 or by email info@bayairportparking.com.au
  2. You agree that any personal information provided to us in connection with your Booking and use of the Car Park will be dealt with in accordance with our Privacy Policy.
  3. When you make a Booking, you provide personal information to us which We use to process your Booking, identify you when you enter and exit the car park and otherwise manage our car parking services. Without this information We will be unable to process Your Booking. We may also collect other personal information about You when You use our Car Parking services. The facility (including the Car Park) is subject to CCTV surveillance for security, management and Car Parking related purposes. Your image, registration number, location and movements and other personal information may be collected by Bay Airport Parking by these means.
  4. We may disclose Your personal information for the above purposes to third parties (such as Our contractors who provide services to us and others as permitted or required by law). Bay Airport Parking will not disclose Your personal information to recipients located overseas without Your consent, except where required or permitted to do so by law.

9. Security of information

  1. When making a Booking, Our payment processing authority uses 128 bit SSL encryption. Nonetheless, no data transmitted over the Internet is secure, and Bay Airport Parking does not warrant, and cannot ensure, the security of Your data. You transmit data using the online booking facility at Your own risk.

10. Refunds

  1. No refund applies if the booking gets canceled within 24hours. However, if the booking gets canceled over 24hours period of time, therefore $15 admin fees is non refundable.
  2. If in the unusual event We are unable to accommodate your vehicle in the car park you booked, We will use reasonable endeavours to accommodate Your parking needs in accordance with the following procedure:
    1. We will make efforts to organise alternative arrangements to accommodate Your Vehicle at no additional cost to You; or
    2. We will provide you with a refund of the applicable fee, unless you purchased your Booking from any person other than us in which case a refund will be issued to that person, if a Bay Airport Parking Authorised Reseller, and you should direct your refund claim to that person.
  3. To attain Your refund in accordance with clause 10.1, please provide us with a written request, together with proof of booking and payment and email us info@bayairportparking.com.au

11. Liability and Indemnity

  1. To the extent permitted by law and subject to clause 11.2, all conditions, warranties, guarantees, rights, remedies, liabilities and other terms implied by statute, custom or the common law are excluded from these Terms and otherwise in respect of goods or services associated with Your use of the online booking facility, the Website and the Car Parks.
  2. Where any law implies in this agreement any term or imposes any guarantee, and that law avoids or prohibits provisions in a contract excluding, limiting or modifying the application of, or the exercise of, or liability under such term, such terms or guarantees as are not excludable will be deemed to be included in this agreement or operative. For the avoidance of doubt, we do not exclude the rights and remedies available to you under any applicable Consumer Guarantee.
  3. Subject to clauses 11.1 and 11.2, Our liability and the liability (if any) of Our related entities to You will be limited to the amount of the Parking Charge paid by you for the relevant Booking.
  4. We are not liable to You for any incidental, special, indirect, consequential or punitive loss or damages of any character, including any lost profits, lost opportunity or loss of reputation. In addition, We will not be liable to You for any part of any cost, expense, loss or damage suffered by You which is:
    1. Caused by Your acts or omissions or the acts or omissions of other users of the Car Park; or
    2. Otherwise in excess of what an ordinary person in a like situation would suffer, or which is caused by circumstances unique to Your situation.
  5. You use the Cark Park at Your own risk. To the extent the law permits, Bay Airport Parking is not liable to You for theft of Your Vehicle or any property from Your Vehicle or damage to Your Vehicle while in the Car Park, including Fire and collision between Vehicles.
  6. You indemnify Bay Airport Parking and its related entities against all liabilities, losses, damages, costs and expenses including, without limitation, reasonable legal fees and disbursements (on a solicitor to client basis) and costs in investigation, litigation, settlement, judgement, interest, fines and penalties that any of them sustain or incur as a result, directly or indirectly of:
    1. Any breach of these Terms (including the Conditions of Entry);
    2. Any breach of law;
    3. Any death, illness or personal injury of any person or any damage to any real or personal property directly or indirectly caused or contributed to by any:
      1. Any wilful, malicious, unlawful or negligent act or omission;
      2. The unsafe or illegal operation of a Vehicle;
      3. Non-compliance with these Terms (including the Conditions of Entry),by You or the person authorised by You that is in charge of Your Vehicle in the Car Park except to the extent that any negligent or deliberate act or omission by Bay Airport Parking contributed to the cost, expense, loss or damage.

12. How to Contact Us

  1. You can contact us via email at info@bayairportparking.com.au
  2. Telephone us on 08-6161-2585.
  3. For any complains please support@bayairportparking.com.au

13. Schedule 1 Car Park Conditions of Entry

  1. Each time that You bring Your Vehicle into this Car Park, You do so subject to these Conditions of Use. If You do not accept these Conditions of Use You must leave the Car Park immediately.
  2. Notwithstanding any demand or request to the contrary, We or Our agents may move and drive Your Vehicle to such places as We or Our Agents deem fit during any period of custody, retention or control by Us or Our agents.
  3. This Car Park is open twenty-four (24) hours per day. Before You leave the Car Park, You must pay the parking fees applicable to Your Booking.
  4. You must show or proof of having paid Your parking fee when requested to do so. You must comply with all signs erected in the Car Park and You must comply with any directions or instructions We give You
  5. We have a general lien over, and the right to retain, Your Vehicle as security for any money which You owe Us. If You fail to pay any money You owe Us, We may sell Your Vehicle after giving you 30 days’ notice, in order to recover money, you owe us. We may sell Your Vehicle in such manner as We think fit in Our absolute discretion and We are not obliged to obtain the best sale price for it. After deducting our reasonable costs, We will remit the balance to the credit card used to make your booking.
  6. We will not be liable for: (a) the safe custody of any Vehicle in this Car Park; (b) the delivery of Your Vehicle to any person, whether that person has authority to take it or not; (c) any fire, theft loss or damage whatsoever to any Vehicle or its accessories or contents; or (d) any damage to Your property, injury to You or Your death while You, Your Vehicle or Your property or person is in this Car Park or while You are entering or leaving this Car Park.
  7. We and our agents, in their absolute discretion, reserve the right to retain Your Vehicle if the person collecting the Vehicle appears to be under the influence of alcohol or any other substance.
  8. We and our agents, in their absolute discretion, reserve the right to reject any vehicle which is not currently registered in a State or Territory of Australia or the registration will expire whilst the Vehicle is in our custody, retention or control or that of our agents.
  9. You release and indemnify us from any claim against us or expense incurred by us arising from Your breach of these conditions of use or any wilful, malicious, unlawful or negligent act or omission by you.
  10. If any part of these Conditions of Use is illegal or unenforceable, that part is to be disregarded, and its removal will not affect the rest of the conditions.
  11. All Car Park tariffs are quoted as GST inclusive prices.
  12. In these Conditions of Use, references to: (a) “We”, “Us” and “Our” means Datari Pty Ltd Trading as Bay Airport Parking.
  13. ABN 28636726344 trading as Bay Airport Parking, its employees, agents and independent contractors; (b) “You” means the person using, or intending to use this Car Park; and (c) “Your Vehicle” includes a vehicle driven, or intended to be driven, by You into this Car Park.